Ready to get started? Download your Virginia divorce papers today and take the first step toward a new beginning.
Get your divorce papersWhat Divorce Papers needs to be valid in Virginia
- One spouse must have lived in Virginia for at least six months before filing.
- You must state a legal ground for divorce, such as separation for one year (or six months if you have a separation agreement and no minor children).
- If you are filing for an uncontested divorce, you and your spouse must agree on all issues, including property division, debts, and child custody/support.
- You must complete the required Virginia divorce forms, including the Complaint for Divorce, Financial Statement, and proposed Final Decree of Divorce.
- Your forms must be signed in the presence of a notary public, as Virginia requires notarization for many divorce documents.
How to set up a Divorce Papers in Virginia
- Gather necessary information and documents, such as your marriage certificate, financial records, and any existing separation agreement.
- Download the Virginia divorce forms from the circuit court's website or obtain them from the clerk's office in the city or county where you or your spouse resides.
- Fill out the forms carefully, providing accurate details about your marriage, grounds for divorce, and the terms of your settlement.
- Sign the required forms in front of a notary public and have your spouse sign the appropriate consent forms if it's uncontested.
- File the completed forms with the circuit court clerk's office and pay the filing fee (or request a fee waiver if you qualify).
- Attend any required court hearing (usually only for contested divorces) or wait for the judge to sign your final decree if it's uncontested.
How much it costs
The cost to file for divorce in Virginia varies by county, but the filing fee is typically between $90 and $100. Additional costs may include fees for serving your spouse, notarization, and certified copies of your final decree. If you have a low income, you can request a fee waiver using the court's poverty affidavit.
Before You Begin: Virginia Divorce Papers
Gather the essentials and understand Virginia's rules before preparing your divorce forms to avoid delays or rejection.
- Meet residency and grounds: You or your spouse must have lived in Virginia for at least 6 months, and you must state a grounds (e.g., separation for 1 year, or 6 months if no minor children and a signed separation agreement).
- Have your marriage certificate and, if applicable, a signed separation agreement or parenting plan ready.
- Prepare information about assets, debts, income, and expenses for the financial disclosure forms.
- Check if your county requires notarized signatures: In Virginia, most divorce forms must be signed in front of a notary public, so have a valid ID and do not sign until you are with the notary.
- Know that filing fees vary by circuit court (typically $90–$150) and are payable to the clerk of the circuit court in the city/county where you file.
- Ensure your filing is complete: Incomplete forms or missing notary signatures are the most common reasons for rejection, so double-check each form against the court's checklist.
Questions people ask
Do I need a lawyer to file for divorce in Virginia?
No, you can file for divorce yourself, especially if it's uncontested. Many couples use online services or self-help resources to prepare their divorce papers. However, if your situation is complex or you have significant assets, consulting an attorney is wise.
How long do I have to be separated before filing for divorce in Virginia?
You must be separated for at least one year before filing, unless you have a separation agreement and no minor children, in which case the waiting period is six months. The separation must be continuous and with the intent to remain apart.
Can I file for divorce in Virginia if I got married in another state?
Yes, as long as you meet Virginia's residency requirement. One spouse must have lived in Virginia for at least six months before filing. The marriage must be legally recognized, but it doesn't matter where the marriage took place.
What are the grounds for divorce in Virginia?
Virginia recognizes both fault and no-fault grounds. No-fault grounds include living separately without cohabitation for one year (or six months with a separation agreement and no minor children). Fault grounds include adultery, cruelty, abandonment, or conviction of a felony.